REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE BRENYA AND ANOTHER [2001]DLSC1244

Date	2001-06-19
Suit No.
Citation No.	[2001]DLSC1244

BAMFORD – ADDO JSC

ACQUAH JSC

ATUGUBA JSC

AKUFFO JSC

LAMPTEY JSC

SAM OKUDZETO FOR THE APPLICANT.

DR EKOW DANIELS FOR THE RESPONDENT.

[2001]DLSC1244
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">REPUBLIC<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">HIGH COURT, ACCRA; EX PARTE BRENYA AND ANOTHER<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p>[2001-2002]
1 GLR 483<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:<o:p></o:p>SAM
OKUDZETO FOR THE APPLICANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DR
EKOW DANIELS FOR THE RESPONDENT. <o:p></o:p>

BAMFORD
– ADDO, ACQUAH, ATUGUBA, AKUFFO AND LAMPTEY JJSC<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Acquah JSC. <o:p></o:p>Delivered
the judgment of the court. On 29 May 2001 we unanimously granted the
applicant’s prayer for certiorari and consequently quashed the proceedings and
orders of the High Court, Accra (Benin JA) dated 12 May 2000 and 19 January
2001. We reserved our reasons which we now proceed to deliver.<o:p></o:p>Towards
the latter part of the 1980s, John K Dolphyne took out a writ of summons at the
Circuit Court, Sekondi against Speedline Stevedoring Co Ltd and S E Brenya
seeking damages for fraud, and a declaration that he is a member and director
of Speedline Stevedoring Co Ltd. In the accompanying statement of claim,
Dolphyne averred that sometime in October 1976, he and three other named persons
agreed to establish the Speedline Stevedoring Co Ltd (hereinafter referred to
as the company). They invited Mrs Brenya to attend a company meeting but she
designated her husband, Mr Brenya, to attend instead. At that meeting, Mr
Brenya was appointed company secretary. The four founders were appointed the
company’s directors/shareholders. He averred further that he paid ¢15,000 for
the company’s licence. The registration of the company was entrusted to Mr
Brenya. It was averred that Mr Brenya failed to carry out these instructions
and rather fraudulently registered the company without the inclusion of Mr
Dolphyne’s name as a shareholder. Besides, he fraudulently put down the names
of only himself and his wife as the directors of the company. He, Dolphyne, was
appointed to oversee the company’s operation in Takoradi. It turned out that
when he discovered the fraud committed by Mr Brenya, two of the company’s
founders, namely Messrs Oduro and Arthur made a report to the Registrar General
who set up the one man Ntrakwah Committee. This committee confirmed MrBrenya’s
fraud. Hence the circuit court writ and the reliefs sought.<o:p></o:p>The
circuit court gave him judgment. There was an appeal to the Court of Appeal,
and finally to the Supreme Court, which on 29 January 1997 set aside the
reliefs for a director and membership of the company on the grounds that a
circuit court had no jurisdiction to deal in company matters. The Supreme Court
however confirmed the damages of ¢3 million for fraud.<o:p></o:p>Thereafter
Dolphyne adding the company as the second plaintiff in Misc No 768/97 issued a
writ at the High Court, Accra against Mr Brenya as the first defendant and Mrs
Brenya as the second defendant. Speedline Stevedoring Co Ltd which was the
second plaintiff in this suit was removed and made the third defendant. The
reliefs claimed by Mr Dolphyne were:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(i)
A declaration that the plaintiff is the director/shareholder of Speedline
Stevedoring Co Ltd, a company for which the plaintiff paid ¢15,000 for its
licence. (ii) A declaration that the resolution of the board of directors of
the said company purporting to dissociate the plaintiff from direct or indirect
connection with the same is null and void. (iii) Perpetual injunction
restraining the defendants, their servants, agents, privies, grantees and
assigns from interfering with the affairs of Speedline Stevedoring Co Ltd until
the determination of the suit herein, and for an order for the appointment of a
receiver and manager of th</main>